HomeMy WebLinkAboutR-1974-050 i�
RESOLUTION N0. 50
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A RESOLUTION AUTHORIZING THE PAYMENT OF A RE-
WARD, NOT TO EXCEED $50. 00 AND WITHIN THE DIS-
CRETION OF THE CITY MANAGER OF THE CITY OF
DANIA, TO PERSONS WHO FURNISH INFORMATION TO
POLICE OFFICERS OF CITY OF DANIA IN SUCH CASES
WHERE SUCH POLICE OFFICERS APPEAR AS MATERIAL
WITNESSES IN A CRIMINAL PROSECUTION LEADING TO
A CONVICTION FOR THE ILLEGAL SALE OF CONTRABAND
DRUG ABUSE MERCHANDISE, AS DEFINED HEREIN; AND
REPEALING ALL RESOLUTIONS, OR PARTS OF RESOLU-
TIONS, IN CONFLICT; AND PROVIDING FOR AN EFFEC-
TIVE DATE
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WHEREAS, §404. 01, Florida Statutes, defines various types
of drugs or plants, the sale of which is illegal under the several
provisions of 5404, Florida Statutes; and
WHEREAS, 9895. 05, Florida Statutes, defines various types
of narcotics, the sale of which is illegal under the provisions of
§895.05, Florida Statutes; and
WHEREAS, for the purposes of this resolution, the said defini-
tions of drugs,
g , plants and narcotics including specifically the defi-
nitions of barbiturates, central nervous system stimulants, hallucino-
genic drugs, the plant cannabis sativa L. , opium, morphine, cocaine,
or its salts, atropine, belladonna and conium are adopted hereby by
reference; and
WHEREAS, all of said drugs, plants and narcotics are referred
to collectively in the within resolution as "contraband drug abuse F +
merchandise" and I
WHEREAS, persons selling contraband drug abuse in violation
of the several statutes pertaining to the subject are generally
charged with felonies which are triable in either state or federal 4
courts; and
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WHEREAS, persons selling contraband drug abuse merchandise
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are generally not charged with offenses which are tried in the Munici-
pal Court of City of Dania because the crimes are felonies tried in
higher courts; and
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WHEREAS, notwithstanding the fact that persons selling contra-
band drug abuse merchandise are generally tried in either state or
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federal courts, cases of such type which arise in City of Dania are
generally initially investigated and developed by police officers of
the city who then present their findings to the prosecuting officers
of the higher courts which have jurisdiction; and
WHEREAS, the city commission wishes to adopt a policy of en-
couraging persons to report to the Police Department, City of Dania,
any facts concerning illegal sales of contraband drug abuse merchan-
dise which come to the attention of such persons; and
WHEREAS, in order to encourage persons to report illegal sales
of contraband drug abuse merchandise to the Police Department, City
of Dania, the city commission desires to give the city manager the
authority to pay a reward, not to exceed $50. 00, to any such person
{; making a report regarding the illegal sale of contraband drug abuse
merchandise,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF DANIA, FLORIDA:
Section 1. If any member of the Police Department, City of t
Dania, appears as a material witness at any stage of the proceedings
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in a criminal prosecution in either a state or federal court regard-
ing any type of crime pertaining to the illegal sale of contraband
drug abuse merchandise and if the defendant in such criminal case
either enters a plea of guilty or is found guilty as the result of
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trial (and if any finding of guilt is not reversed by appellate pro-
ceedings) and if the member of the Police Department, City of Dania,
then reports to the city manager that he obtained material or sub-
stantial information regarding the crime as the result of the volun-
tary assistance, help, information or cooperation of an informant,
then, in any of such events, the city manager is authorized to pay a
reward to the informant not to exceed $50 . 00. However, such reward
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shall not be paid to any law enforcement officer or to any employee
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of City of Dania.
Section 2. That payment of such reward, and the amount of
the payment, shall be within the discretion of the city manager.
Accordingly, the city manager acting on behalf of City of Dania may
refuse to pay any reward to any informant if he believes that the
information given by the informant to the police officer was not
material or substantial or was not given voluntarily.
Section 3. The city manager shall report to the city com-
mission any rewards which are paid under the provisions of this reso-
lution. However, in order to protect the identity or safety of the
informant, the city manager shall not be obligated to publish the
name of the person to whom the reward was paid and the name of such
Iperson shall be maintained on a confidential basis .
Section 4. That all resolutions or parts of resolutions in
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` conflict herewith be and the same are hereby repealed to the extent
of such conflict.
Section 5. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 18th day of March, 1974 .
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Mayor-Commission r j
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Attest:
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City Clerk-Auditor
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